Federal Courts Law Review

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FEDERAL COURTS LAW REVIEW -- 1999 Fed. Cts. L. Rev. 5

STATE OR FEDERAL COURT? THE COMMENCEMENT OR REMOVAL OF CIVIL CASES IN NEW YORK

By Kenneth A. Manning & Kevin M. Hogan

Abstract

[a.1]  This article provides a practical guide to an important dilemma faced by defense counsel. Should a case filed in state court be removed to federal court? In an attempt to illustrate the factors relevant to a removal decision, the authors perform an in depth, comparative analysis of the differences between New York's civil and evidence codes and the Federal Rules of Civil Procedure and Evidence. The article addresses a number of important differences in practice, procedure, evidence, and decision-making between New York state and federal courts. Although the article focuses primarily on removal of cases filed in New York, it helps practitioners identify the many factors and issues which are involved in deciding whether to remove any state case to federal court.

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